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(영문) 서울중앙지방법원 2019.05.23 2017가합577452
권리이전등록절차이행청구의 소
Text

1. On December 27, 2013 and August 12, 2015, the Defendant indicated each patent right indicated in attached Table 1. to the Plaintiff.

Reasons

A. A new sales contract that reflects the changed circumstances. The Plaintiff acquired the Defendant’s right to sell domestically and overseas rice conditioning products (D, E, F model, and pre-developed products) for seven years, and the Defendant would be supplied with parts for the production of the said rice conditioning products from the Plaintiff.

On December 27, 2013, the Defendant agreed to guarantee damages to the Plaintiff by recognizing that the Plaintiff had the right to each of the following patents against the Plaintiff, in cases where the Plaintiff suffered damages due to the following reasons, such as the Plaintiff’s purchase and supply of parts necessary for the Defendant’s production of rice coolant, but the Defendant failed to supply or delayed supply of finished rice coolants:

(A) Certificate No. 5, Article 5(5) of the Total Sales Agreement dated December 27, 2013 (hereinafter “Patent Guarantee Agreement of December 27, 2013”). * Registration Number GH (Attached 1 Patent No. 1; hereinafter “Patent”) * Registration Number I J (Attached 2; hereinafter the same shall apply) * Registration Number IJ (Attached 1 Patent No. 2; hereinafter the same shall apply), * Registration Number K L (Attached 4; hereinafter the same shall apply), * Registration number MN *

B. On August 12, 2015, KRW 189,720,00, the Defendant delayed the supply of goods equivalent to KRW 189,720,00 in the course of trading under the total sales contract under the above paragraph (a). On August 12, 2015, the Defendant agreed to appropriate 50% of the royalties in the rice air conditioners produced later by the Defendant for the amount equivalent to the price of the said unpaid goods, and to complete reimbursement until December 31, 2016. The contract was concluded on August 12, 2015 to extend the expiry date by June 30, 2025, and to ensure that the contract was concluded on August 12, 2015 as a "security of damage and patent right to a patent" under Article 11 of the Agreement, and that the patent is a "patent which is necessary for the restoration of trust in nonperformance (Article 11 of the Agreement)."

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